Consumer information, right of withdrawal and other consumer rights

SUMMARY OF DIRECTIVES

Directive 2011/83/EU on consumer rights

Directive (EU) 2019/2161 amending Directive 2011/83/EU

Directive (EU) 2023/2673 on financial services contracts concluded at a distance

Directive (EU) 2024/825 empowering consumers for the green transition

WHAT IS THE AIM OF THE DIRECTIVES?

  • Directive 2011/83/EU aims to increase consumer protection by harmonising key aspects of national legislation and encouraging trade between EU Member States.
  • Directive (EU) 2019/2161 increases protection in online marketplaces, price personalization transparency, and free digital services.
  • Directive (EU) 2023/2673 adds rules for financial services concluded at a distance starting 18 June 2026.
  • Directive (EU) 2024/825 adapts consumer rules to the green transition and circular economy.

KEY POINTS

Scope & Information Obligations

Covers broad sales, service, and digital content contracts. Traders must provide clear pre-contractual details regarding identity, product traits, payment terms, and delivery schedules.

Right of Withdrawal

Consumers can withdraw from distance and off-premises contracts within 14 days without explanation or cost. If uninformed, the period extends by 12 months. Providers of distance contracts must ensure an easy-to-find withdrawal function on their interfaces.

No Unjustified Payment Costs

Traders must not charge fees for payment methods that exceed the actual cost, and must secure express consent before adding any extra charges.

Penalties

Member States enforce effective, proportionate, and dissuasive penalties for infringements, with major cross-border fines reaching up to 4% of annual turnover or at least €2 million.

FROM WHEN DO THESE RULES APPLY?

  • Directive 2011/83/EU: Applied to contracts from 13 June 2014.
  • Directive (EU) 2019/2161: Applied from 28 May 2022.
  • Directive (EU) 2023/2673: Applies from 19 June 2026.
  • Directive (EU) 2024/825: Applies from 27 September 2026.

KEY TERMS

  1. Online marketplace: A software service allowing consumers to conclude distance contracts with traders or other consumers.
  2. Price personalisation: Setting individual/group prices based on automated analysis of preferences and willingness to pay.
  3. Sales contract: Transferring ownership of goods to the consumer.
  4. Service contract: Supplying a service, including digital services.
  5. Digital service/content: Data created, accessed, or supplied in digital form.